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Critical Need to Drive for persons under 21


After the DMV has suspended the driving privileges of a person under the age of twenty-one for driving with alcohol in their system, it is possible to submit a petition for a “critical need license”. However, the burden of establishing “critical need” is on the Licensee and is a difficult burden to overcome.

In theory, at least, the DMV can consider a person's critical need to drive to and from school, work and medical appointments for a sick family member.

It is necessary to submit a standard form obtainable from the DMV setting out the basis for the request. The form requires detailed information concerning the licensee's need to drive and why public transport or the help of family members is inadequate. The application for a critical need license for a person under 21 cannot be submitted until thirty days of the suspension has passed.

It is also a good idea to submit supporting affidavits by parents, details of available bus routes, and a supporting letter/declaration from an employer or responsible person at school.

Gold & Witham have experiencedDMV lawyers practicing in Los Angeles and Orange County. Please call them for a free consultation about this or any other DMV or DUI related problem.